About schools confiscating phones for a fixed period of time

[palebluepalepink]

I’ve no dog in this race, I am genuinely wondering.

I’ve no objection to phones being confiscated or even requiring parents to pick them up, but how can schools legally keep them overnight or until the end of the week? If the parent is paying for it, or if the phone belonged to the parent in the first place, isn’t that theft?

That’s mostly about searching soon

Education and Inspections Act 2006

Does that say that schools can confiscate phones or are you talking about their ability to set and enforce their own rules? Maybe I misunderstood, your post appeared to be saying that it was the law that phones could be taken away.

Yep we have the legal right to confiscate and retain items. We also have the legal right to look through a kid’s phone.

Parents generally sign up to a school charter (literally or figuratively) which the phone confiscation is part of.
Same as detention isnt kidnap, confiscation isnt theft.

Pale:

You’re just wrong about this. They are allowed to do it.

If you parked your car in, for example, a loading zone, you could have it clamped and be unable to use it until you pay the fine- you broke the rules you pay the price.

It is unlikely that the phone was confiscated unless it was switched on or in use- otherwise the staff wouldn’t have known. Mobile phones are one of the worst distractions to teaching and learning, not to mention safeguarding now they all have cameras and videos. Losing it for longer than a couple of hours will discourage your child from using it in school.

Yes they can seize it, I understand that and no issue with it. It’s the refusal to hand it over even to a parent that I think is perhaps a bit murky.

Otherwise maybe they should exclude the pupil, again to deter the behaviour. But parents would moan about that too. Schools really cant win.

I’ve no dog in this race baru but I do know a case where it was the end or the day and the child checked her phone for texts (it had been in her locker) and it was confiscated until the end of the week.

Schools have the power to do this. By sending the child to the school you are accepting that contract.

coconuttelegraph

It covers lawful confiscation as distinguishable from theft. It’s not theft, and this law sets that out.

I appreciate that may seem strict. In the school I worked in it was only confiscated until the end of the day (to be collected by a parent) until the third offence where it was until the end of the week. Perhaps this wasn’t the first time?

I do know a case where it was the end or the day and the child checked her phone for texts (it had been in her locker) and it was confiscated until the end of the week.

And it was part of the published school policy that this would/could happen?

People have linked you to the law. Confiscation and retention are legal.

It's not theft because it's a policy Parents signed and agreed with.

However I don't like it as a policy. I agree if children break the rules re mobile phones there must be consequences. But many have phones because of travel to and from school and customers travel quite a distance.
It also puts the onus on school re the condition of the phone.

I'd prefer a policy that said all phones must be handed in (with a caveat that if you bring it it's at your risk).

I'd ask them if they take full responsibility if it's stolen or damaged overnight.

As for the ownership aspect, are they allowed to take it to school at all?

Like I say coconut I’ll try taking someone’s car for an agreed period of time and see how far that argument takes me.

But it's not the same thing.

When you send a child to school you sign a contract saying you agree to a certain set of rules. Your child broke the rules and therefore the consequence for that is having his phone confiscated.

The only way your analogy would work is if you and your friend signed a contract saying your friend could take your car whenever you did something they disagreed with. Which isn't going to happen, is it?

The relationship between a student and a school is not the same relationship as the one that exists between to adult friends.

If the rule is no use of phones in school it doesn't matter if it is the end of the day.

I'd ask them if they take full responsibility if it's stolen or damaged overnight.

No, the law is that they are not liable unless they failed to take reasonable steps.

Yes they can seize it, I understand that and no issue with it. It’s the refusal to hand it over even to a parent that I think is perhaps a bit murky.

Why? The parent agreed to it before sending their child into the school. I'd be happier waiting a fixed period of time than paying a fine.

confistication is one thing giraffe, refusing to hand it back at all is another.

Confiscation I can spell!

Is the confiscation period stated in the rules?

refusing to hand it back at all is another.

They are not refusing to hand it back at all. They are retaining it until the end of the week, after which time they will hand it back.